Posted by: pyaradeshbasiharu September 3, 2009
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He talked to his Lawyer and he said that she can apply though she can't come Before Oct 1..I talked to my lawyer and he said can't apply Before Oct 1..Two lawyers two conflicting views..
"otherwise even if she applies for visa what will be the start date in her passport, she cant be in h4 from the second week of september"
Here is my interepretation..Primary applicant can apply 90 days prior to the start date..Question What will be the status in his Passport? I presume H1b..Even though he can only land in US 10 days Prior to his start date.But .Here is the catch..the passport will have "Annotation" mentioning that his H1b will kick off on a particular start date..Since h4 is a derivative of H1b , she will surely have annotation on her passport..
ya he told her to ask the US embassy..I don't know whether they will respond or not as they don't feel obliged to give info for citizens of 3rd world country..
Long story short..I was just looking for these kind of Particular cases from Sajhabasi..
Appreciated guys.